Legal Question in Technology Law in California

Internet law governing

What governs the law of a website if the company and server are both located in different countries?


Asked on 2/15/08, 1:44 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Internet law governing

That depends upon the laws, legal philosophies and policies of the two countries, and each may have its own, conflicting view of its jurisdiction.

Usually, a modern, civilized country would take the position that it has both a moral right and legal jurisdiction to apply its laws to all activities that transpire within its boundaries, especially those that affect its citizens. However, there are really two considerations: whether the contry asserts jurisdiction over the activity, and whether it can obtain jurisdiction over the responsible company or individual(s). Sometimes these go hand-in-hand, but not always.

Thus, a country is more likely to take action against the company and the individuals that run a site within its borders than against a black box that is switching or storing 0s and 1s. However, anything is possible depending on the laws and politics of a country and how strongly it feels about the issue - gambling, bomb-making instructions, espousing political views, etc. If a country doesn't like the activity, it will find a way to harass it.

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Answered on 2/15/08, 12:33 pm


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